In Re Marriage of Weiss

Martin Meyer Weiss (Martin), in propria persona, appeals a further judgment on reserved issues, involving the religious upbringing of the child (the minor) bom of his marriage to Marsha Nadeen Weiss (Marsha). Martin also purports to appeal pendente lite attorney fees orders.

At the present time, Martin and Marsha apparently are adherents of different religions, although during the marriage they practiced the same faith. The essential issue presented is whether the trial court properly denied Martin’s request that Marsha be enjoined from engaging in certain religious activity with the child.

We conclude Marsha’s written antenuptial commitment concerning the future religious upbringing of any children bom of the marriage is not legally enforceable. Further, Martin did not meet his burden of presenting a clear affirmative showing the child would be harmed by Marsha’s conduct. Therefore, the trial court properly refused to enjoin Marsha’s religious activity with their child.

Factual and Procedural Background

The parties were married in 1984. Martin is Jewish. One month before the marriage, Marsha, who was a Baptist, converted to Judaism. At the time of her conversion, she…